Anand Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30942 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -AGIAUN District- BHOJPUR ====================================================== Anand Mohan Singh, Son of Bishnudevo Singh resident of Village & P.O. - Kaura, Police Station - Jagdishpur, District - Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Anil Kumar, Advocate. For the Opposite Party/s : Mr. Bharat Bhushan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Agiaon (Garhani) P.S. Case No. 110 of 2016 registered under Sections 392 and 411 of the Indian Penal Code.

Three motorcycle borne criminals including the petitioner are said to have looted the motorcycle, cash of Rs. 1000 and mobile phone of the informant on the way to his house. The petitioner and co-accused Biru Kumar were apprehended by the police, while another accused managed to escape. On search, Rs. 1000/- was recovered from the possession of the petitioner and one loaded country made pistol along with two live cartridges was recovered from co-accused Biru Kumar.

It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.30942 of 2017 (2) dt.06-07-2017 2/2 that nothing incriminating article has been recovered from the conscious physical possession of the petitioner. The petitioner has been falsely implicated in the case. As a matter of fact, the petitioner happens to be a labourer working on the brick kiln. At the time of occurrence, while he was regressing from the brick kiln after taking his weekly wages of Rs.1000/-, unfortunately he rushed to the place of occurrence after hearing hulla and he was apprehended by the villager and produced to the police. The petitioner has been languishing in custody since 04.04.2017. Coaccused, namely, Akash Kumar @ Bhuwar has been enlarged on bail by a co-ordinate bench of this court vide order dated 21.04.2017 passed in Cr. Misc. No. 9683 of 2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VII, Bhojpur at Ara in connection with Agiaon (Garhani) P.S. Case No. 110 of 2016.

(Prakash Chandra Jaiswal, J) Mishra/- U T